25 Art. 28 para. 2 GG: Autonomy of Municipalities

Abstract

This chapter considers the relevant provisions of Art. 28 para. 2 of the Grundgesetz (GG) with regard to municipal autonomy. There are two contrasting views on what this autonomy means: the first argues that autonomy is the management of the community's own affairs, whereas the second describes it as indirect state administration. The chapter first examines the Federal Constitutional Court's jurisprudence concerning the question of whether Art. 28 para. 2 GG and the corresponding provisions of state constitutions guarantee the continued existence of individual municipalities and districts. It then discusses the responsibilities of municipalities in regulating the administration of local affairs, focussing on the principle of substantive allocation of responsibilities and the scope of the guarantee of municipal self-government. It also analyses the right of municipalities and associations of municipalities to carry out certain tasks independently, noting that the guarantee of independence guarantees local government entities as traditional ‘sovereign rights’.